130
almost unlimited in the context of division of religious “charity”.”
147
he decision, referring to the research of Buehler, most of Perda Sharia was implemented by political adventure which ailiating to
secular parties, in the context of new environment of more competitive local politic. Second, Perda Sharia is actually becoming the “transaction
tools” of political elites to give political logrolling or to accumulate the new political resources – including the inancial resources.
Meantime, those Perda Sharia are already sacriicing the freedom of religious belief and discriminating some of religious minority groups,
and also gender. Because, the regulations with sharia nuanced gave ocean breeze also the authority to the local government to do repression
on them. Even, those perda also provoke the “active participation” of Islamist groups, such as FPI, to do intimidation and anarchy on the
groups which considered not “syar’i” – as oftenly happened as in some regions in West Java.
4. Remove Immediately: Moderat Ways
What the government should be done, particularly the central government, on this perda sharia, even in provincial level or level of
regencycity? he eforts which should be done, is doing evaluation on those local regulations and do the elimination and cancellation of
them. hat elimination is done because of several reasons.
First, the local regulation which connects or involves or arranges the regulations
with religious contents that contrary to the regulations about local government which put religion as the matter and authority of central
government.
Second, the discriminative regulation upon followers group of religionbelief which completely inconstitutionally. Because those
regulations contra to the provisions stipulated in state constitution, the 1945 Constitution and legislations which in line with it.
hat evaluation and elimination is the middle path that should be
147 Ibid.
131
taken, and it would be a little victory for appreciation and protection on human rights. Why should middle path? Because inconstitutionality
performed by local government is a form of betrayal on Pancasila and state constitution. hat argument could be a reason ouster of relevant
region. If that ouster can be done, so it would give detterent efect to the regional heads to take seriously in drafting perda sharia, moreover to
relate it to political motives. If it is occurred, in the name of perspective of human rights and freedom of religious beliefs, clearly become the
great victory that should be noted and celebrated.
Technically, the Government of West Java should do the data inventory on serious implication of those perda in order to support
some of discrimination actions, intolerant and even the violence among people. After seeing the mess in some regions, which befall the victims
of Ahmadiyah congregations, HKBP Filadelia, GKI Taman Yasmin, and several others of minority groups, which inlicted by some perda
with sharia nuanced, is expected that emerged initiative from Provincial Government of West Java to do adjustiication through the national law
provisions. If not, so the discrimination would be occurred, like what happened todays. Should that situation be allowed? For sure it shouldn’t.
Because politicians is generally does not have logics and heart.
E. The Cristiani Sorrow in Aceh Singkil
